Page:Provincial Government Act 1986.djvu/3

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Government Gazette, 27 June 1986
No. 10318     5

Provincial Government Act, 1986
Act No. 69, 1986.
(b) mentioned in section 21 (2) and published after such commencement,

and any proclamation, notice, regulation or rule in force thereunder shall as from such commencement and publication remain in force in and for the relevant province.


Continuation and declaration of provinces.

5. (1) The provinces of the Republic as they existed immediately prior to the commencement of this Act shall remain in existence: Provided that the State President may, after consultation with the administrator or administrators concerned, for the purposes of this Act, by proclamation in the Gazette

(a) declare such portion of a province as he may determine, to be a new province;
(b) divide any province into two or more new provinces, and determine the borders of every such new province;
(c) combine any two or more provinces into one;
(d) include in any province any other territory or include any portion of a province in any other province;
(e) allocate a name and seat to every such province or change the name and seat thereof; and
(f) provide for transitional arrangements with regard to the disposal of any asset, liability, right or obligation and the legal force of provincial legislation in the new province.

(2) The State President shall, when acting in terms of subsection (1), take into account―

(a) existing provincial and administrative boundaries;
(b) the community of interests between the inhabitants of the areas concerned;
(c) the natural and geographical features of such areas;
(d) the density and composition of the population in such areas;
(e) the size of such areas;
(f) cost-effectiveness and efficiency in the rendering of services in such areas; and
(g) the socio-economic development potential of such areas.

(3) Before the State President issues a proclamation under subsection (1) he shall cause to be published in the Gazette a draft of the proposed proclamation together with a notice calling upon all interested persons to lodge any objections and representations in writing within a period of 21 days from the date of publication of the notice with the Secretary to Parliament for submission to a standing committee of Parliament contemplated in section 64 of the Constitution Act.

(4) A proclamation contemplated in subsection (1) shall be issued only on the advice of the standing committee contemplated in subsection (3).


Seats of provincial government.

6. Subject to the provisions of section 5, the seats of provincial governments shall be―

For the Cape of Good Hope Cape Town
For Natal Pietermaritzburg
For the Orange Free State Bloemfontein
For the Transvaal Pretoria.


Chapter II

Administrators and Executive Committees


Appointment of administrators and executive committees.

7. (1) In respect of every province of the Republic―

(a) as it existed immediately prior to the commencement of this Act; and